-Caveat Lector-
From http://www.clas.ufl.edu/users/kenwald/cpo_4000/Spring_2001/constlecture.htm
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Constitutional System
Israel lacks a single, authoritative constitution
Founders were unable to agree on provisions, esp. involving religion
Adopted a set of transition laws sometimes known as Little Constitution - kept in
place existing laws and statutes
Have instead a set of Basic or Fundamental Laws setting out basic government
structure and practices
These generally lacked any special status and most could be overturned by a simple
Knesset majority
Would some day be converted into a constitution
System that emerged had several salient qualities unfamiliar to Americans
Lack of formal checks and balances as is typical of parliamentary systems
Some control over abuses
Parliamentary ombudsman to investigate government abuse of authority
State Controller can investigate and issue reports of corruption
No system of direct democracy - although pledges to undertake referendums
Lack of territorial democracy
Unitary system with little local autonomy
Lack of geographical representation for the Knesset
Basic structure of the judiciary
Has a three-tiered system of general courts
Highest in the Supreme Court
Membership
Consists of 9 judges
Appointed for life with mandatory retirement at age 70
Selection by committee including the Minister of Justice (Chair), another cabinet
minister, the President of the Supreme Court, two other justices of the Supreme
Court, two Members of Knesset, and two representatives of the Israel Bar
Association.
Emergence of judicial review
Israel's High Court was said to lack judicial review
Goal was to clarify meaning of statute but no authority to overturn it
Knesset could simply change the law if it was unhappy with the interpretation
This changed with passage of two new Basic Laws in 1992
Freedom of Occupation - freedom to select and engage any occupation
Human Dignity and Freedom - enshrines classic liberalism by emphasizing rights to
life, body, dignity, property, physical liberty, migration, privacy, confidentiality
Unlike previous basic laws, these contain restrictive clauses that limit the Knesset
Freedom for vocation limited only by laws enacted for a worthy purpose and for
reasons of the public good
Rights of human dignity infringed only by laws directed towards a worthy purpose
and must befit the values of the state
Implies a key role for the judiciary
Laws that contradict this may be overturned by the Court as incompatible with the
Constitution
Leaves it up to Courts to decide the fundamental values of society
Has already generated considerable controversy
Overturned a ban on importing kosher meat as unlawful restraint of occupational
freedom
Compelled Air Force to admit women to pilot training under human liberty
Forbid Jewish Agency from discriminating against Arabs in allocation of land for
home building
Major conflict is with the religious authorities
They see Torah as the foundation of Israeli law
Many Western rights seem like attacks on core religious values
Has generated huge controversy and threats against judges
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